CASE $22\mathrm{.}1$ United States v$.$ DeCoster, $828$ F$\mathrm{.}3$d $626(8$th Cir. $2016)$

FACT SUMMARY Jack DeCoster owned Quality Egg, LLC$,$ an Iowa egg production company. Jack's son, Peter DeCoster, served

as the company's chief operating officer. Quality Egg operated six farm sites with $73$ barns that were filled with five million egg$-$

laying hens. It also had $24$ barns that were filled with young chickens that had not yet begun to lay eggs. Additionally, the company

owned several processing plants where eggs were cleaned, packed, and shipped. Jack also owned and operated several egg

production companies in Maine, and Peter worked at those facilities. In $2008,$ salmonella enteritidis $("$salmonella$")$ tests

conducted at the Maine facilities came back positive. The DeCosters succeeded in eliminating salmonella from their Maine

facilities by following the recommendations of hired consultants, including a poultry disease specialist and a rodent control expert.

In its Iowa facility, however, Quality Egg did not test or divert eggs from the market despite receiving multiple positive results from

hens indicating a potential for salmonella. Experts hired by Quality Egg recommended adopting the same safety measures in Iowa

as had been used in Maine. Although the DeCosters claimed they adopted all of the recommendations, the precautions

implemented by Quality Egg failed to eradicate salmonella.

In August $2010,$ federal and state officials determined that a salmonella outbreak had originated at Quality Egg's facilities,

resulting in approximately $56,000$ American consumers falling ill with salmonellosis. In response, Quality Egg recalled eggs that

had been shipped from five of its six Iowa farm sites between May and August $2010.$ After a Food and Drug Administration

$($FDA$)$ inspection of Quality Egg's facilities revealed dangerous conditions that could lead to contamination, the government

began a criminal investigation of the company's food safety practices and ultimately filed criminal charges for failing to prevent or

correct a violation of the Food, Drug and Cosmetic Act $($FDCA$).$ The DeCosters both pled guilty, as responsible corporate

officers of Quality Egg, LLC$,$ for introducing eggs that had been adulterated with salmonella into interstate commerce. The trial

court sentenced Jack and Peter to three months' imprisonment. The DeCosters appeal, arguing that their prison sentences were

unreasonable and disproportionate because they had no specific knowledge the eggs the company distributed had salmonella.